How to File a Complaint with the Competition Commission of India (CCI): Process and Eligibility

The Competition Commission of India (CCI) is established under the Competition Act, 2002, to prevent anti-competitive practices, regulate combinations (mergers and acquisitions), and promote fair competition. Any person, consumer, or enterprise affected by anti-competitive conduct can file an information with the CCI under Section 19(1) of the Competition Act, 2002. The CCI can also take cognizance suo motu or upon a reference from the Central or State Government. This guide explains the complete process for filing a complaint.

What Conduct Can Be Reported to the CCI

The CCI has jurisdiction over two primary types of anti-competitive conduct. First, anti-competitive agreements under Section 3 of the Competition Act, 2002, which includes horizontal agreements (cartels, price-fixing, bid-rigging, market allocation among competitors) and vertical agreements (tie-in arrangements, exclusive dealing, resale price maintenance, refusal to deal). Second, abuse of dominant position under Section 4, which covers imposing unfair or discriminatory conditions, predatory pricing, limiting production or markets, leveraging dominance in one market to enter another, and denial of market access. For a broader understanding of regulatory compliance in India, see our guide on how to file a complaint with SEBI.

Who Can File a Complaint

Under Section 19(1) of the Competition Act, 2002, any person can file an information with the CCI. The term 'person' is broadly defined under Section 2(l) of the Act to include an individual, a Hindu undivided family, a company, a firm, an association of persons or body of individuals, a local authority, an artificial juridical person, and any body corporate incorporated outside India. Trade associations, consumer groups, and industry bodies can also file complaints. There is no requirement that the complainant must be directly affected by the alleged anti-competitive conduct, though practical impact strengthens the case.

Step-by-Step Process for Filing an Information

Step 1: Prepare the information. The complaint (formally called 'information') must describe the anti-competitive agreement or abuse of dominant position, identify the enterprise or enterprises involved, explain the relevant market, and provide supporting evidence. Step 2: File online through the CCI's e-filing portal at cci.gov.in. The information is filed on a prescribed form available on the portal. Step 3: Pay the filing fee. The fee is Rs 5,000 for individuals and Rs 50,000 for enterprises, payable through the portal. Step 4: The CCI Secretariat screens the information. If the information discloses a prima facie case, the CCI forms an opinion under Section 26(1) and directs the Director General (DG) to investigate. Step 5: The DG investigates and submits a report to the CCI. Both the informant and the opposite party can respond to the DG's report. Step 6: The CCI passes a final order, which may include cease-and-desist directions, penalties of up to 10% of the average turnover for the preceding three years, and modification of agreements.

Penalties and Enforcement

The CCI has the power to impose substantial penalties. For anti-competitive agreements under Section 3, the penalty can be up to 10% of the average turnover for the preceding three financial years. For abuse of dominant position under Section 4, the same penalty ceiling applies. In cartel cases, the CCI can also impose penalties of up to three times the profit made from the cartel or 10% of turnover, whichever is higher. The Competition (Amendment) Act, 2023, introduced the concept of global turnover for penalty calculation. The CCI also operates a leniency programme under Section 46, where the first applicant in a cartel case can receive up to 100% reduction in penalty. For understanding how regulators enforce compliance in India, see our article on how to respond to a show cause notice in India.

Related Reading

For another regulatory complaint process, see How to File a Consumer Complaint in India Under the Consumer Protection Act 2019.

For guidance on responding to government notices, see How to Respond to a Show Cause Notice in India: A Step-by-Step Legal Guide.

Key Takeaways

Any person can file an information with the CCI under Section 19(1) of the Competition Act, 2002. The CCI has jurisdiction over anti-competitive agreements (Section 3) and abuse of dominant position (Section 4). Filing fees are Rs 5,000 for individuals and Rs 50,000 for enterprises. Penalties can be up to 10% of average turnover for the preceding three years. The leniency programme under Section 46 can reduce penalties by up to 100% for the first cartel applicant.